Hmm what to do - complicated....

ChattyCathy wrote:

BIT OF BACKGROUND:- I am a single lady, I have been in receipt of DLA for a number of years (I think 8 or 9, off the top of my head) I was involved in a serious road accident and had fractured patellaes, fibia, already had spondylosis in back (spine) and arthritis in knees now as well.....Use crutches, have to keep stopping, can't walk many steps due to pain.

Obviously the dwp didnt tell me what I was entitled to, "apparently its not their job to" ie DLA, or anything, and I had to wait many months with borrowing money from family. I found out by chance I was entitled to it. I also wasnt informed about hospital transport to take me to physio therapy appointments, or even that i had an option to go to have physio.

I got no useful help from CAB or local solicitor., (free 1/2 hour lasted 5 minutes - more bothered asking me if I was a money launderer)...thats another tale.Could you imagine " well yes actually I am a very successful money launderer - keep it under ya hat tho"

I got DLA, with help from a friend, over the time I got several DWP doctor visits (renewal) I passed their medicals. Got money backdated., in initial claim.

BACK TO THE PRESENT
I had a recent DWP visit after my DLA was stopped. My own doctor usually fills in the forms and no problem, alas! this time a locum doctor filled in who has seen me very breifly once, regarding a burn,and he has actually put "has no mobility problems"!! this is what stopped my money.

Can I ask that my own doctor be asked to fill in the form,again? (however due to the new aircraft hangar type practice he's in I havent recently been except re:the burn as above, because it takes a week to be seen and costs £12 each way with assistance in a taxi. Also he cannot do anymore for me than give me painkillers which I can get from a different source anyway. So its a waste of my time and money and his time, for me to even go.

PREVIOUS
Also I had 2 far apart blocks of physiotherapy,1 was at local hospital, were most facilities were out of bounds for some reason, other was training establishment that got closed down. I am told by a nurse, that they have just an allowance of 6 weeks per person = 6 sessions. This happened and the physio was often absent, each time at six weeks, I was told to sign 'has got full range of movement' which I hadnt - i just felt intimidated and the physio said that the hospital transport was no longer happy to collect me, which turned out to be untrue., I queried this. I have bought my own gym equipment to try to improve mobility but not yet used it.

NOW RECENTLY
Now the worst part, the ATOS doctor was dreadful, on my home visit, I was not happy with the way he tried to force me to answer in a way which fitted only his form, he dismissed anything to support my claim,he was an hour late, arriving, no explanation, my boyfriend then needed to go back to the beach again with the mastiff, to avoid him jumping up at the doctor,he had to take another extra hour off work,I'd arranged for the dog to be away for the hour...I later saw his report that said I had sat comfortably for the whole interview which was untrue, my friends au pair (polish) was in the room with me,she cleans for me, £4.00 for one hour, she said I was rocking to and fro, I had to keep moving from side to side etc, basically the atos doc only put things detrimental even said i'd no problem in bending and squatting!! I was neither asked nor observed doing so, nor could I have, he also wrote that there was a spade with mud on by the door and that I enjoyed gardening!!! In truth, I have a retired gent gardener once a fortnight to tidy up.

Long posting, I know, but I need to put detail so its understood.

So, then, what do I do now? I've no money coming in, can I get the doctor to re-do the form, my own doctor? If I appeal will it go against me that although physio and doctor are available they cannot do anything more, as it is dgenerative as well. I feel I should like a paper hearing again (tribunal) as I cannot cope with anymore stress nor have money to be taken there, to attend.

Any advice or anybody had similar predicament? i intend to do a complaint about the atos doc though don't imagine it will have any effect....or will it...

How old is your cleaner on £4 an hour ? you might be breaking the law regards minimum wage

Well Done Cathy,

Unfortunately, fighting for your rights is what is necessary these days. Good on you for sticking with it.

Kathy x

No Dave, I am not breaking any law, she is already employed by a nearby neighbour - she came from an agency, she lives-in with her, and is an aupair for her...she just does for me as an 'extra' cash in hand and she does for at least four other people, that I know of, £4 an hour is what she asked for, but I also let her take what vegetable and fruit she would like from garden plot, anytime, and she is given her a proper cooked dinner at the same time as me, when she works here, and from time to time I give her a gift, chocolates, perfume, tights, makeup, books, cd, etc, so there's no question of her being exploited by me! She has become a valued friend, I also help her with her English language studies as well,so she is well looked after, a lovely girl, and highly valued when she comes to mine. I shall be sorry when she goes back to poland, but I also understand that her work here (money earnt) is going to help her get a house, car etc when she goes back home,so that's fine by me,and everybody's happy. Hope that answers your question, Dave!

Dave - if the cleaner is self-employed, which is common where I live for cleaners, there is no minimum wage.

I wouldn't mind doing a bit of cleaning for a proper cooked dinner!

Survivor wrote:

Dave - if the cleaner is self-employed, which is common where I live for cleaners, there is no minimum wage.

self employed means having a NIC and filling in tax forms and being registered as such, being employed as an a upair and doing cash in hands as the poster has posted is cheating the system and wrong